ADEQHazardous WasteTop 10 Violations
Kalie Rumaner ADEQ Hazardous Waste Unit
January 2, 2019
Civil Rights Program Policy
“ADEQ will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. Requests for language interpretation services or for disability accommodations must be made at least 48 hours in advance by contacting: Environmental Justice/Title VI Nondiscrimination Program Coordinator at 602-771-4322 or [email protected]”
“ADEQ tomará medidas razonables para proveer acceso a los serviciosdel departamento para personas con capacidad limitada para hablar, escribir o entender Inglés y / o para las personas con discapacidad. Las solicitudes de servicios de interpretación del lenguaje o de alojamientode discapacidad deben hacerse por lo menos 48 horas de antelaciónponiéndose en contacto con: Environmental Justice/Title VI Nondiscrimination Program Coordinator at 602-771-4322 or [email protected]”
Top 10 Violations
Top 10 Violations
1. Improper labeling, dating, and closing of hazardous waste containers
2. Failure to perform a hazardous waste determination3. Improper treatment, storage, or disposal of hazardous waste4. Failure to label universal waste5. Failure to store universal waste lamps in a closed container6. Failure to demonstrate the length of time that universal
waste has been accumulated7. Failure to inform employees of proper universal waste
handling and emergency procedures8. Failure to comply with the personnel training requirements
in 40 CFR 265.169. Failure to comply with Preparedness & Prevention
requirements in 40 CFR 265, Subpart C10. Failure to comply with contingency plan and emergency
procedures requirements in 40 CFR 265, Subpart D
Containers must be closed, except when actively adding or removing waste
Violation #1: Open Containers of Hazardous Waste
Violation #1: Improper or no Labeling and Dating
Tips for Compliance: Use DOT stickers
Proper waste containment, labeling and dating
Actively adding waste
Make sure the lid is securely latched on the container
Proper Labeling and Dating in Accumulation Area
Your label should include (at a minimum):
1. The words HAZARDOUS WASTE
2. Waste Identification (What is the waste? Include waste codes.)
3. Accumulation start date
Failure to perform a Waste Determination All waste generated on site needs
to be evaluated– (VSQG, SQG, LQG requirement)
Violation #2: Waste Determination
Violation #2: Failure to make a Waste Determination
Tips for Compliance: Waste Determination
Keep supporting documentation on file (e.g. SDS, laboratory analysis, etc.) (required)
Update accordingly with any process changes Wastes are generally thought to be generated as
an output from a process, but wastes can be generated at any point (byproduct, spills, leaks)
Improper treatment of hazardous wasteViolation Example: Improper treatment of hazardous waste or unpermitted treatment
Violation #3: Improper treatment, storage, or disposal of hazardous waste
Violation #3: Improper storage/ uncontained waste
Violation Example: Improper Storage
Violations:1. Dozens of drums containing a
variety of wastes stored on bare ground
2. Leaking waste / soil contamination
3. Inadequate aisle spacing4. No labeling5. Open containers
Improper Disposal of Hazardous Waste
Violation Examples: Improper Disposal
Violation #4/5: Failure to label universal waste and store in a closed container
Violation #6: Failure to demonstrate accumulation start date
Mark each container with the earliest date the waste is generated and accumulate for no longer than one year.
Tips for Compliance: Universal Waste
Label boxes as “Waste”, “Used”, or “Universal Waste”, date and tape shut
Broken Lamps Once a lamp breaks, it releases mercury vapors
into the air so it is important to ensure the immediate cleanup and containment of the lamp debris.
Make sure your facility has proper procedures for reporting and managing broken lamps.
“Accidentally” broken lamps and their debris can be managed as universal waste, whereas, “intentionally” broken lamps and their debris must be managed as hazardous waste
Tips for Compliance: Universal Waste
Violation #7: Failure to train employees on proper universal waste handling and emergency procedures
Incomplete Training Plan
Missing Training Records
Inadequate training documentation
Violation #8: Failure to Provide Training per 40 CFR 265.16
(Only required for LQGs & TSDFs)
Required Emergency Equipment 40 CFR 265 Subpart C: Maintained to minimize possibility of fire,
explosion, or release Equipped with:
Internal communications or alarm system
Telephone or walky-talkies capable of summoning emergency assistance from local emergency authorities
Portable fire extinguishers, spill control equipment, anddecontamination equipment
Water at adequate volume and pressure to supply water or sprinklers or water spray systems
Adequate aisle spacing “No Smoking” sign
Violation #9: Facility Preparedness & Prevention
Violation Examples: Facility Preparedness & Prevention
Not having all required equipment
Accessibility/aisle spacing
Not testing and maintaining equipment
Examples of Compliance: Facility Preparedness & Prevention
Generators need to comply with the requirements of40 CFR 265, Subpart D
This applies to: Large Quantity Generators (LQGs) > 2,200 lbs/month Treatment Storage and Disposal Facilities (TSDFs)
Violation #10: Contingency Plan and Emergency Procedures
Liability Protection
Violation #10: Contingency Plan and Emergency Procedures
Update when processes change Update when Emergency Coordinator is replaced, even
if they are just a temporary placement REMEMBER: Notify ADEQ of updates! NEW: LQGs must submit quick reference guide of
contingency plan to local emergency responders NEW: LQGs must notify EPA 30 days prior to closing a
facility and 90 days after closing the facility
Call us at 602-771-4673or
Update info on myDEQ
Contact the Hazardous Waste Inspections and Compliance
Team for regulatory interpretations or Technical Assistance
(TA) Meetings
Review the lists of major and minor violations found in the
Compliance & Enforcement Handbook
Consult ADEQ or EPA website
Look to your specific industry for tips on how to comply with
the regulations
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